Washington state lost its No Child Left Behind Act waiver earlier this year for failure to meet the conditions initially imposed on it by the Department of Education. Without a waiver, Washington remains subject to the original provisions of NCLB, under which most Washington schools are in violation for failure to make Adequate Yearly Progress (AYP) on standardized exams. Various sanctions kick in for these schools. One of the initial steps is simply to notify parents that the school failed to may AYP. This notification, however, would also inform them of their right to transfer to another school.

The state superintendent of public instruction is asking the U.S. Department of Education to waive that requirement. He says sending out the letters would be pointless because nearly every school in the state will fail to make AYP and the letters would do nothing more than undermine "public support for education."

The Department's response is going to be interesting. On one hand, waiving this requirement looks like a no-brainer. On the other, Washington has already failed to meet the terms of its prior waiver. If the Secretary gives an inch on a second waiver, it may create precedent for Washington and other states to ask for slightly larger waivers next time. As a practical matter, slightly larger waivers may also make sense, but they rund counter to the Department's national effort and success in imposing stringent policy conditions in exchange for big waivers. In the instant case, Washington is asking for a small waiver, but offering nothing in exchange.